Latin for Lawyers

IMPUNITY

struction, as opposed to expenditures for repairs and maintenance. Anything attached or appurtenant to land may be an improvement ; e.g., buildings, out buildings, roads, utilities, sidewalks, roofs, etc. In patent law, an improvement patent is an addition or modification to an existing invention; the improve ment must contain a complete and operative art or instrument not affecting the essential character of the original patent but enabling it to produce its intended results more economically or efficiently. IMPUNITY [L. in + poena / punishment, penalty] Exemption or freedom from punishment. Without responsibility. Free of risk. IMPURIS MANIBUS NEMO ACCEDAT CURIAM No one is permitted to approach the court with unclean hands. IMPUTE [L. in + putare / to clear, settle, consider, believe] To charge a person with responsibility or liability for the act of another, because of the relationship between the two or the need to protect the inter ests of innocent third parties. IMPUTED KNOWLEDGE Knowledge charged to a party either because he had the duty and the means of acquiring the knowledge or because a reasonable person would have acquired the knowledge. Under some circumstances, the knowledge of an agent will be imputed to his principal. IMPUTED NEGLIGENCE The attribution or charge to one person of the negligence or lack of care of another. For example, the negligence of an employee or agent within the scope of his authority or employment is imputed to his employer or principal. IN ABSENTIA In absence; in his/her absence; in the absence of. INADVERTENCE, INADVERTENT [L. in / not + adverto, advertere, adver sus / to turn one's attention to, turn towards] Resulting from inattention or carelessness. Unfocused. Careless. Failing to pay prudent attention to, as to the progress of a matter or trial. Under the Fed eral Rules of Civil Procedure, a party may move to set aside a judgment or order for “mistake, inadvertence , surprise or excusable neglect.” FRCP, Rule 60(b). INADVERTENT DISCOVERY An unexpected find or discovery. In the conduct of a search pursuant to a valid search warrant, police may seize items not specifically listed in the war-

164